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Migration to South Australia - State Nominations and the new Skilled Independent Regional Visa
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| Author: |
Alan Collett |
| Date: |
Sunday, August 22, 2004 |
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The Government of South Australia has been very active recently in encouraging migration to its State, and has appointed an "envoy" based in London, Scott Oster, to promote its interests and the attraction of South Australia as a destination for migrants.
In no small part this has been facilitated by the Federal Government's introduction of the new regional skilled visa at the beginning of July 2004.
So what are the visa choices that are available to an intending skilled migrant to South Australia?
In essence there are two skilled visa categories that require State participation: the Skilled - State Territory Nominated Independent visa, subclass number 137, and the new Skilled Independent Regional visa, subclass number 495.
Importantly, the 137 visa provides for permanent residency at the outset, whereas the 495 visa is a provisional visa that does not automatically provide for permanent residency.
The Skilled - State Territory Nominated Independent visa, subclass number 137
This visa requires an applicant to meet the following requirements:
- Must be aged under 45 at the time the visa application is lodged with the Department of Immigration
- Must have at least vocational English
- Must nominate a "skilled occupation", obtain a skills assessment from the relevant competent authority, and have worked in a skilled occupation (need not be the same one as that nominated) as at the date the visa application is lodged for the required period: for 12 out of the last 18 months if the nominated occupation attracts 60 points, or for 2 out of the last 3 years in the case of a 40 or 50 point occupation.
- Must attain the Skilled Independent visa pool mark, which is 70 points as at the time of writing this article
- Must obtain a Nomination from a State or Territory Government
The last two requirements set this visa subclass apart from the Skilled Independent visa, subclass number 136
The State of South Australia is involved with the State Nomination Program (not all States and Territories are), though perhaps unsurprisingly, a Nomination from Immigration SA is not available to all - the applicant must have a skilled occupation that has been identified as being wanted in South Australia, and must have a positive skills assessment classification from the relevant assessing body confirming the same before they apply to Immigration SA for a Nomination.
The occupations that will be considered by Immigration SA and the procedures to follow when seeking a Nomination from South Australia are discussed here.
The Skilled Independent Regional visa, subclass number 495
This visa was introduced on the 1st of July, 2004 and is intended to encourage the settlement of migrants in regional or low growth areas of Australia. The whole of South Australia (including Adelaide) is eligible for this new visa.
To be eligible for the SIR visa applicants need to satisfy the following requirements (some of which are similar to the 137-visa):
- Must be aged under 45 at the time the visa application is lodged with the Department of Immigration
- Must have at least vocational English
- Must nominate a "skilled occupation", obtain a skills assessment from the relevant competent authority, and have worked in a skilled occupation (need not be the same one as that nominated) as at the date the visa application is lodged for the required period: for 12 out of the last 18 months if the nominated occupation attracts 60 points, or for 2 out of the last 3 years in the case of a 40 or 50 point occupation
- Must attain at least 110 points when completing the skilled visa points test
- Must obtain a Sponsorship from a participating State or Territory Government, evidenced by the completion of form 1244
Note - The recent work experience requirement is relaxed if an applicant has recently obtained a qualification from an Australian tertiary education body
Application for SIR visa sponsorship from Immigration SA is made by sending an email, or by contacting them by post, telephone, or fax:
Immigration South Australia
GPO Box 2343
Adelaide
SA 5001
AUSTRALIA
T: +61 (0)8 8204 9250
F: +61 (0)8 8204 9244
As already noted above, Immigration SA is keen to attract skilled migrants to South Australia, and therefore a skilled migrant who has a positive skills assessment classification and who can attain 110 or 115 points has a reasonable basis for proceeding with an application for SIR visa sponsorship.
Comment
The 137-visa pathway is only available to those who have an occupation that is wanted in a State that participates in the State Nomination program (of which South Australia is one). By contrast the SIR visa pathway is a viable option for a person who has a positive skills classification in any skilled occupation so long as the applicant can attain at least 110 points, and can obtain sponsorship.
Where an intending migrant has the choice between the 137-visa and the SIR visa we would generally recommend the former over the latter, because the 137-visa provides for permanent residency from the outset; there is no certainty as to permanent residency for SIR visaholders.
Where an intending SIR visa applicant has the choice of sponsorship from more than one State/Territory of Australia we presently recommend the State of South Australia as a more attractive destination over others because the pathway to permanent residence is more certain, in that the SA Government has said that employment in any occupation for 12 months will be sufficient as to enable the migrant to apply for a State Nomination (this being one of the pathways to permanent residence).
For a detailed discussion of the pathways to permanent residence for SIR visaholders, please click here.
In other words, the SA Goverment has said that a SIR visaholder need not be employed in a skilled occupation to be eligible for a State Nomination in due course; at the time of writing the other States and Territories of Australia have not been so explicit in this specific - and important - regard.
Go Matilda will be delighted to assist if you are considering an application to South Australia for a State Nomination or SIR visa sponsorship, and think you might like some formal assistance - please contact us for a free initial appraisal.
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